12. International Environmental Law

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
International Environmental Law ◽  
Environmental Treaties ◽  
State Practice ◽  
International Obligations ◽  
Relationship Of ◽  
The Relationship ◽  
Flexible Instruments

The concern and awareness about the need for environmental protection has increased dramatically, both nationally and internationally, in the last few decades. One way of putting this concern into action is the law, being a means to structure and regulate behaviour. International environmental law includes many treaties and declarations, a body of State practice and some compliance mechanisms, as well as a development towards the introduction of flexible instruments to achieve compliance. This chapter discusses the context of international environmental law; environmental theories; international obligations; selected environmental treaties; and the relationship of the environment with other international law issues.

From Autonomy to Integration? International Law, Free Trade and the Environment

2008 ◽  
Vol 77 (3) ◽  
pp. 253-273 ◽  
Author(s):  
Michael Mehling ◽  
Anja Lindroos
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Case Law ◽  
International Environmental Law ◽  
International Treaty ◽  
Trade Law ◽  
International Trade Law ◽  
Trade And The Environment ◽  
Relationship Of ◽  
The Relationship

AbstractOur current understanding of so-called “self-contained regimes” is based on an overly simplistic appreciation of how such regimes interact with each other and with the larger body of international law. Drawing on an analysis of WTO case law, this article highlights two distinct normative relations, addressing the relationship of international trade law vis-à-vis general international law and international environmental law. As the analysis reveals, further differentiation of normative relationships is needed to better understand how such seemingly independent regimes operate in a fragmented legal system. It also shows that a recently proposed interpretative tool, systemic integration, raises new questions and challenges traditional conceptions of international treaty law.

International Law and Colombian Constitutionalism: A Note on Monism

1942 ◽  
Vol 36 (4) ◽  
pp. 614-620
Author(s):  
William Marion Gibson
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Subject Matter ◽  
The Other ◽  
Legal Philosophy ◽  
State Practice ◽  
The Subject ◽  
National Constitution ◽  
Relationship Of ◽  
The Relationship

In explaining the nature of international law, each of the two major schools of thought draws upon legal philosophy and practice for evidence in support of its interpretation. It is not the purpose of this note to offer any conclusions or proofs as to the validity of the reasoning of one or the other of the two schools. It would require more than the subject-matter here considered to prove the “Monist” position, or to detract from that of the “Dualist.” However, inasmuch as state practice is one of the guides to the resolution of the debate on the nature of international law, it is hoped that an explanation of the attitude of the Colombian Supreme Court concerning the relationship of pacta to the national constitution and legislation of that state may merit mention.

10. International environmental law

2021 ◽  
pp. 186-208
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

10. International environmental law

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Common Interest ◽  
Hazardous Substances ◽  
Legal Regime ◽  
International Environmental Law ◽  
Balanced Approach ◽  
Rules And Principles

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature, and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.

12. International Environmental Law

2019 ◽  
pp. 375-417 ◽  
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Vital Role ◽  
Eu Law ◽  
International Environmental Law ◽  
Public International Law ◽  
Legal Nature ◽  
Institutional Landscape ◽  
National Environmental

While not the focus of this textbook, understanding the role and nature of international environmental law is important in understanding UK environmental law. This is because, international law has played a vital role in creating frameworks for environmental protection and for catalysing developments in national environmental law. This chapter provides an overview of international environmental law. It begins with a brief examination of the concept of international environmental law, the different ways it can be defined, its history, and the emergence of hybrids of it. In the second section a number of key ideas in public international law that are relevant to international environmental law are explored including the sources of international law, state sovreignity, fragmentation, and international law theory. The analysis then moves on to the institutional landscape of international environmental law, its legal nature and finally the nuanced relationship between international environmental law and national and EU law.

Compliance Procedures

2008 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
International Agreements ◽  
Ozone Layer ◽  
Montreal Protocol ◽  
International Environmental Law ◽  
Environmental Agreement ◽  
Set Up ◽  
Number Of Parties

The Montreal Protocol on Substances That Deplete the Ozone Layer was among the first international agreements in which a specific non-compliance procedure was envisaged, and it is generally held to be the most developed example to date. Non-compliance procedures have become rather prevalent in international environmental law. Allowing for variations across regimes, most mechanisms have at least one compliance committee, usually composed of representatives of a limited number of parties (eight to fifteen) to the underlying multilateral environmental agreement and reporting back to the plenary body set up by that agreement (often dubbed the conference of the parties or meeting of the parties). Compliance (or non-compliance) procedures are usually said to exist, and be necessary, in international environmental protection because the environment cannot, for a number of reasons, be entrusted to the workings of traditional international law.

Due Diligence in International Environmental Law

2020 ◽  
pp. 111-128
Author(s):  
Jorge E. Viñuales
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Due Diligence ◽  
Individual Interest ◽  
International Environmental Law ◽  
Fine Grained ◽  
Per Se ◽  
State Body

This chapter analyses the duty of due diligence in the field of environmental protection. It provides a fine-grained analysis of the main legal bases for the determination of due diligence in this field. It shows that the progressive recognition of this duty has evolved hand in hand with the recognition of the need to protect the environment per se, and not as a private (whether state or individual) interest that would be protected in a horizontal (tort-like) form. The chapter argues that the consolidation of due diligence thus reflects the deeper transformation of international law from a horizontal inter-state body of norms to an increasingly vertical one, where duties do not merely arise from the interests of other subjects.

Part IX International Environmental Law in National/Regional Courts, Ch.67 South America

2021 ◽  
Author(s):  
Tigre Maria Antonia
Keyword(s):  
South America ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
National Level ◽  
Environmental Damage ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
National Courts ◽  
Limited Scale

This chapter explores international environmental law in the courts of South America. Courts in South America have applied international environmental law on a limited scale. Multilateral environmental agreements (MEAs) are usually cited in higher courts to reinforce environmental principles or general norms already been incorporated in national law. Whenever applicable, national law is preferred, reducing reliance on international law. Treaties are more likely to be used as an additional argument to advance theories with lower acceptance at the national level. For example, MEAs are often cited when decisions apply the precautionary principle and favour environmental protection in the absence of scientific certainty about environmental damage. More recently, international law has also been cited in pushing forward innovative theories without national legal support, such as the rights of nature. The recent decisions in Colombia have shifted the paradigm, as these directly use international law to justify environmental protection on a broader level. In light of the growth of climate cases filed in national courts, it is likely that international law is directly applied in other national courts as well, as has happened in Colombia.

Law-making at the intersection of international environmental, humanitarian and criminal law: the issue of damage to the environment in international armed conflict

2010 ◽  
Vol 92 (879) ◽  
pp. 593-646 ◽  
Author(s):  
Julian Wyatt
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
The Relationship

AbstractThe relationship between international environmental law and international humanitarian law, like relationships between many other subsystems of contemporary international law, has not yet been articulated. The problem of environmental damage in international armed conflict lies at the intersection of these two branches and thus provides an ideal opportunity to investigate this relationship. Rather than simply evaluating the applicable international law rules in their context, we break them into elements that we separately assess from both (international) environmental law and international humanitarian/international criminal law perspectives. By doing so, we identify how international law rules for cross-sectoral problems may appropriately combine the existing expertise and institutional strengths of simultaneously applicable branches of international law, and also discover how an evaluation of the ultimate appropriateness of the cross-sectoral rules adopted may be substantially affected by the different frames of reference that are used by those working within the different fields.

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